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Judicial Review, Fundamental Rights and Rule of Law: The Construction of the European Constitutional Identity

Judicial Review, Fundamental Rights and Rule of Law: The Construction of the European Constitutional Identity

Author: Maria Grazia Rodomonte; Ludovica Durst
Publisher: Routledge
ISBN: 9781032888408
Published In: February 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This book explores the complex issue of building a common European identity and the factors that contribute to it, with special regard to the role played by the interaction between national Constitutional Courts and European Courts. There is no doubt that the Courts have been key actors in the progressive establishment of this identity over the years by defining elements of homogeneity and affirming or reaffirming essential values, such as human dignity, in respect of that pluralism which represents a distinctive feature of Europe. Nevertheless, this ‘circular movement’ has not failed to reveal contradictions and concerns that are still unresolved over time. With contributions from authors from a range of backgrounds, this work delves into the theme with a variety of approaches and perspectives

It is structured in three main parts, the first exploring the historical roots of a common European heritage, emphasizing its role in shaping what is currently called the ‘European way of life’. The second part examines the ‘lights and shadows’ of constructing the European identity through the instruments of multilevel and inter-court relationships, by critically analysing the propulsive and homogenising tendencies coming in particular from the Court of Justice of the European Union. The third part considers the so-called ‘dialogue between Courts’, by addressing some significant jurisprudential trends of supranational and national Courts and relevant cases in recent years, offering new insights into the ‘model’ of multilevel protection of rights.

Presenting a wide and comprehensive view of these topics, the book will be of interest to those working in the fields of Constitutional, European and Comparative Public Law, as well as Legal History and Sociology.

Foreword: Identity of the European Union and Identities of the Member States: What is the Relationship?

Giovanni Pitruzzella

Preface

Maria Grazia Rodomonte and Ludovica Durst

Part I: In Search of “A European Way of Life”. Identity and Fundamental Rights: Lessons from the Past and Future Perspectives

1. ‘Fundamental Rights’ and the Rule of Law in Ancient Greece and Rome

Athina Dimopoulou

2. Civitas Romana and Civitas Europea – A Journey through History and Politics in Search of a Legal Identity

Daniele Mattiangeli

3. Identity and Values in the European Union: The Role of the ‘Rule of Law’ in the Construction of a European Identity

Maria Cristina Marchetti

4. European Constitutional Identity in the Light of EU Enlargement

Federico Savastano

5. The ‘New Momentum’ of the Enlargement Policy and the Need to Strike the Right Balance between Reform and Enlargement

Francesco Battaglia

Part II: The Construction of the European Constitutional Identity in the Multilevel Legal System: The Role of the Court of Justice of the European Union

6. The Construction of the European Constitutional Identity: Lights and Shadows of an Ongoing Process

Adriana Ciancio

7. The Constitutional Identity of Member States and of the European Union

Elena-Simina Tănăsescu

8. Constitutional Identity by Excess (German Federal Constitutional Court) and by Default (Spanish Constitutional Court). Pending Dialogues with the Court of Justice of the European Union

Antonio López Castillo

9. Rule of Law, Effective Protection of Rights and Independence of the Judicial System

Ludovica Durst

10. EU Rule of Law or Rule of Lawyers? The Court of Justice of the EU and Article 2 TEU

Martin Nettesheim

Part III: Fundamental Rights, Democracy and Judicial Dialogue: A Critical Analysis

11. Judicial Review of Electoral Rights between Luxembourg and Strasbourg

Cristina Fasone

12. Constitutional Issues of the Use of Facial Recognition Technology

Raphaël Déchaux

13. European Court of Human Rights Jurisprudence and National Migration Policies: Exploring the Hermeneutic Tools of ‘Proceduralisation’ and Margin of Appreciation

Giulia Santomauro

14. Fundamental Rights Protection and Judicial Reasoning of the Italian Constitutional Court: Opening Up to Supranational Models through the Proportionality Test and the Use of Comparative Arguments

Giulia Vasino

15. The Controversial Issue of the Status of the Child Born Abroad through Surrogacy. The ‘Dialogue’ between the Italian Constitutional Court and the European Court of Human Rights and the Role of the National Legislator

Maria Grazia Rodomonte